Chapter III Prevention of Disasters Resulting from the Extraction of Hot Springs
第三章 温泉の採取に伴う災害の防止
Article 14-2Permission for Extraction of Hot Springs
第十四条の二(温泉の採取の許可)
A person intending to engage in the extraction of hot springs from a hot spring source as a business must apply to the prefectural governor and obtain the permission for each site of hot spring extraction pursuant to the provisions of the Order of the Ministry of the Environment. However, this does not apply if a person that has received the confirmation referred to in Article 14-5, paragraph (1) extracts hot springs at the site of hot spring extraction specified in that confirmation.
When an application has been filed for the permission referred to in the preceding paragraph, the prefectural governor must grant the permission referred to in that paragraph, unless the application falls under any of the following items:
when the site, structure, and equipment of the facilities for the extraction of hot springs related to the application and the method of the extraction are found not to conform to the technical standards specified by the Order of the Ministry of the Environment concerning the prevention of disasters caused by flammable natural gas resulting from the extraction;
当該申請に係る温泉の採取のための施設の位置、構造及び設備並びに当該採取の方法が採取に伴い発生する可燃性天然ガスによる災害の防止に関する環境省令で定める技術上の基準に適合しないものであると認めるとき。
when the applicant has been sentenced to a fine or a more severe punishment pursuant to the provisions of this Act, and two years have not elapsed since the day the applicant finished serving the sentence or ceased to be subject to its enforcement;
申請者がこの法律の規定により罰金以上の刑に処せられ、その執行を終わり、又はその執行を受けることがなくなつた日から二年を経過しない者であるとき。
when the applicant's permission referred to in the preceding paragraph has been revoked pursuant to the provisions of Article 14-9, paragraph (1) (limited to the part related to items (iii) and (iv)), and two years have not elapsed since the date of the revocation; or
when the applicant is a corporation and any of its officers falls under any of the preceding two items.
申請者が法人である場合において、その役員が前二号のいずれかに該当する者であるとき。
The provisions of Article 4, paragraphs (2) and (3) apply mutatis mutandis to the permission referred to in paragraph (1). In this case, the term "for the protection of hot springs, the prevention of disasters caused by flammable natural gas, and other matters in public interest" in paragraph (3) of the same Article is deemed to be replaced with "for the prevention of disasters caused by flammable natural gas".
Article 14-3Merger and Split of a Corporation That Has Obtained Permission to Extract Hot Springs
第十四条の三(温泉の採取の許可を受けた者である法人の合併及び分割)
In the case of a merger of corporations that have obtained the permission referred to in paragraph (1) of the preceding Article (excluding the situation where a corporation that has obtained the permission under the same paragraph continues to exist after merging with a corporation that has not obtained the permission), or in the case of a split of corporations that have obtained the permission (limited to situations where the entire business of extracting hot springs related to the permission is succeeded), if the merger or split has been approved by the prefectural governor, the corporation that continues to exist after the merger, the corporation established by the merger, or the corporation that succeeds to the entire business through the split is to succeed to the status of the person that obtained the permission referred to in the same paragraph.
The provisions of Article 4, paragraph (2) and paragraph (2) of the preceding Article (limited to the part related to items (ii) through (iv)) apply mutatis mutandis to the approval referred to in the preceding paragraph. In this case, the term "the applicant" in paragraph (2) of the same Article is deemed to be replaced with "the corporation surviving the merger, the corporation established by the merger, or the corporation succeeding in the entire business of extracting hot springs related to the permission through the split".
Article 14-4Inheritance of Rights to Extract Hot Springs by a Person That Obtained Permission
第十四条の四(温泉の採取の許可を受けた者の相続)
If a person who has obtained the permission referred to in Article 14-2, paragraph (1) dies, and the heir (if there are two or more heirs and the heir who is to succeed to the business of extracting hot springs related to the permission has been selected with the consent of all the heirs, that person; the same applies below in this Article) intends to continue to conduct the extraction of hot springs related to the permission in the course of business, the heir must file an application to the prefectural governor within sixty days after the death of the decedent and obtain the approval of the prefectural governor.
If an heir applies for the approval referred to in the preceding paragraph, the permission referred to in Article 14-2, paragraph (1) which has been granted to the decedent is deemed to have been granted to the heir from the date of the death of the decedent until the date on which the heir obtains the approval or receives notice of non-approval.
The provisions of Article 4, paragraph (2) and Article 14-2, paragraph (2) (limited to the part related to items (ii) and (iii)) apply mutatis mutandis to the approval referred to in paragraph (1).
An heir who has obtained the approval referred to in paragraph (1) succeeds to the status of the person that has obtained the permission referred to in Article 14-2, paragraph (1) in relation to the decedent.
Article 14-5Confirmation of Concentration of Flammable Natural Gas
第十四条の五(可燃性天然ガスの濃度についての確認)
A person intending to extract hot springs from a hot spring source in the course of business may receive the confirmation from the prefectural governor, pursuant to the provisions of the Order of the Ministry of the Environment, that the concentration of flammable natural gas at the site of hot spring extraction does not exceed the standards specified by the Order of the Ministry of the Environment as not requiring measures to prevent disasters caused by flammable natural gas.
The provisions of Article 4, paragraph (2) apply mutatis mutandis to the confirmation referred to in the preceding paragraph.
A prefectural governor must revoke the confirmation referred to in paragraph (1) in the following cases:
都道府県知事は、次に掲げる場合には、第一項の確認を取り消さなければならない。
when the person that received the confirmation referred to in paragraph (1) received it by wrongful means; and
第一項の確認を受けた者が不正の手段によりその確認を受けたとき。
when it is found that the concentration of the flammable natural gas at the site of hot spring extraction, as related to the confirmation referred to in paragraph (1), exceeds the standards specified by the Order of the Ministry of the Environment mentioned in the same paragraph.
Article 14-6Succession to the Status of a Person That Has Received Confirmation
第十四条の六(確認を受けた者の地位の承継)
When a person that has received the confirmation referred to in paragraph (1) of the preceding Article transfers the entire hot spring extraction business related to the confirmation, or if such a person becomes subject to inheritance, a merger (excluding the situation where a corporation that has received the confirmation referred to in the same paragraph survives after margining with a corporation that has not received the confirmation), or a split (limited to situations where the entire hot spring extraction business related to the confirmation is succeeded), a person that acquires the entire business, an heir (if there are two or more heirs, and an heir who is to succeed to the hot spring extraction business related to the confirmation is selected with the consent of all the heirs, the selected heir), a corporation surviving a merger, a corporation established by the merger, or a corporation succeeding to the entire business through the split is to succeed to the status of the person that received the confirmation referred to in the same paragraph.
前条第一項の確認を受けた者が当該確認に係る温泉の採取の事業の全部を譲渡し、又は同項の確認を受けた者について相続、合併(同項の確認を受けた者である法人と同項の確認を受けた者でない法人の合併であつて、同項の確認を受けた者である法人が存続するものを除く。)若しくは分割(当該確認に係る温泉の採取の事業の全部を承継させるものに限る。)があつたときは、当該事業の全部を譲り受けた者又は相続人(相続人が二人以上ある場合において、その全員の同意により当該確認に係る温泉の採取の事業を承継すべき相続人を選定したときは、その者)、合併後存続する法人若しくは合併により設立された法人若しくは分割により当該事業の全部を承継した法人は、同項の確認を受けた者の地位を承継する。
A person that has succeeded in the status of the person that has received the confirmation referred to in paragraph (1) of the preceding Article pursuant to the provisions of the preceding paragraph must give notice to the prefectural governor to that effect without delay, with a document proving that fact.
Article 14-7Change of Facilities for Extracting Hot Springs
第十四条の七(温泉の採取のための施設等の変更)
When a person that has obtained the permission referred to in Article 14-2, paragraph (1) intends to make a significant change to the site, structure, or equipment of the facilities for extracting hot springs or the method of extraction specified by the Order of the Ministry of the Environment in order to prevent disasters caused by flammable natural gas, the person must apply to the prefectural governor and obtain the permission pursuant to the provisions of the Order of the Ministry of the Environment.
The provisions of Article 14-2, paragraph (2) (limited to the part related to item (i)) and Article 4, paragraphs (2) and (3) as applied mutatis mutandis pursuant to paragraph (3) of the same Article apply mutatis mutandis to the permission referred to in the preceding paragraph.
Article 14-8Notification of Discontinuance of the Business of Extracting Hot Springs
第十四条の八(温泉の採取の事業の廃止の届出等)
When a person that has obtained the permission referred to in Article 14-2, paragraph (1) or received the confirmation referred to in Article 14-5, paragraph (1) discontinues the hot spring extraction business related to that permission or confirmation, the person must give notice of this to the prefectural governor without delay, pursuant to the provisions of the Order of the Ministry of the Environment.
When a notification under the provisions of the preceding paragraph has been filed, the permission referred to in Article 14-2, paragraph (1) or the confirmation referred to in Article 14-5, paragraph (1) ceases to be effective.
When a person that has obtained the permission referred to in Article 14-2, paragraph (1) or the confirmation referred to in Article 14-5, paragraph (1) discontinues the hot spring extraction business related to that permission or confirmation, or when a prefectural governor revokes the permission referred to in Article 14-2, paragraph (1), the governor may order the person that discontinued the extraction or whose permission has been revoked to take necessary measures to prevent disasters caused by the flammable natural gas generated by the person's extraction of hot springs for two years from the date of discontinuation or revocation.
Article 14-9Revocation of Permission
第十四条の九(許可の取消し等)
A prefectural governor may revoke the permission referred to in Article 14-2, paragraph (1) in the following cases:
都道府県知事は、次に掲げる場合には、第十四条の二第一項の許可を取り消すことができる。
when the extraction of hot springs related to the permission referred to in Article 14-2, paragraph (1) has come to fall under paragraph (2), item (i) of the same Article;
when a person that has obtained the permission referred to in Article 14-2, paragraph (1) has come to fall under either item (ii) or item (iv) of paragraph (2) of the same Article;
when a person that has obtained the permission referred to in Article 14-2, paragraph (1) has violated the provisions of this Act, or an order or disposition based on the provisions of this Act; and
第十四条の二第一項の許可を受けた者がこの法律の規定又はこの法律の規定に基づく命令若しくは処分に違反したとき。
when a person that has obtained the permission referred to in Article 14-2, paragraph (1) violated any of the conditions attached to the permission pursuant to the provisions of Article 4, paragraph (3) (including as applied mutatis mutandis pursuant to Article 14-7, paragraph (2)) as applied mutatis mutandis pursuant to Article 14-2, paragraph (3).
In the cases referred to in item (i), (iii), or (iv) of the preceding paragraph, the prefectural governor may order the person that has obtained the permission referred to in Article 14-2, paragraph (1) to take necessary measures to prevent disasters caused by flammable natural gas.
Article 14-10Order for Emergency Measures
第十四条の十(緊急措置命令等)
When a prefectural governor finds it urgently necessary to prevent disasters caused by the flammable natural gas resulting from the extraction of hot springs, the governor may order the person to conduct the extraction to take necessary measures to prevent such disasters or to suspend the extraction.
都道府県知事は、温泉の採取に伴い発生する可燃性天然ガスによる災害の防止上緊急の必要があると認めるときは、当該採取を行う者に対し、可燃性天然ガスによる災害の防止上必要な措置を講ずべきこと又は温泉の採取を停止すべきことを命ずることができる。